Md. Ahmad Raza @ Ahmad Raza And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30713 of 2017 Arising Out of PS.Case No. -28 Year- 2015 Thana -MAHILA PS District- JEHANABAD ====================================================== 1.Md. Ahmad Raza @ Ahmad Raza son of Badrudin, resident of Mohalla- Lal Kothi, Danapur Cant, P.S.-Danapur, District- Patna

2. Murtaza Hussain @ Md. Murtaza Hussain son of Gulam Naqi

3. Asif Equbal @ Ahsan @ Bhutu son of Murtaza Hussain @ Murtaza Hussain Both resident of Mohalla-Panchmahla, P.S. + District- Jahanabad .... .... Petitioner/s

Versus

1.The State of Bihar

2. Shagufta Praween wife of Md. Imteyaz Ahsan, resident of village-Erkhi, P.S.+ District- Jahanabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar Sinha No.-1 For the Opposite Party No.2 : Mr. Jawed Gaffar Khan, Advocate : Mr. Arjun Kumar Prasad, Advocate : Mr. Anuj Kumar, Advocate For the State : Smt. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-04-2018 It is submitted by the learned counsel for the Opposite Party No.2 that though this application was filed under Section 482 of the Code of Criminal Procedure (for short 'the Cr.P.C.') for quashing the order dated 18.05.2017 passed by the learned Additional Sessions Judge-V, Jahanabad in Sessions Trial No.144 of 2017 whereby the prayer for discharge of the petitioners from the prosecution under Section 227 of the Cr.P.C. has been dismissed, during the pendency of the application charges have already been framed and two witnesses have already been examined. He also produced a copy of the deposition of the

Patna High Court Cr.Misc. No.30713 of 2017 (2) dt.20-04-2018 2/2 prosecution witnesses examined before the trial court. After going through the deposition of the witnesses, learned counsel for the petitioners submitted that since witnesses have already been examined after framing of charges, the application has become infructuous.

In view of the submissions made above, this application is disposed of as infructuous.

The petitioners would be at liberty to raise all the points available to them at the stage of argument of the case. (Ashwani Kumar Singh, J) Md.S./- U T